CLAIM FOR DAMAGES

Hokitika Guardian, 14 November 1924, Page 1

CLAIM FOR DAMAGES

LIBEL ALLEGED. [ti y TEr.F.CRAt'ii —run chess association.] AY ELLINGTON, November 11. Allegations of false and defmaatory statements were made in a libel action which commenced in the Supremo Court tu-day, when James Samuel Montccino. also known as “Jim Robinson,” sued tile newspaper "Truth,” for Colli damages.

Plaintiff claimed that lie played -The piano continuously for 100 hours 10 minutes. The newspaper published an article headed " Pianist Plunders Public,” in whic h it declared that plaintiff had slc'iit lor twenty out of the 100 hours. Other statements were also published, including one that plaintiff was sent to gaol for assault.

Defendant admitted publication, but denied that the extracts were either false or defamatory, and submitted that they were fair comment. WELLINGTON*. Nov. 13.

The hearing of the Monteciuo v. “Truth” ease n claim for £o | H for alleged defamatory statements, was continued at the Supreme Court to-day. Leslie Rogers said that he had known Montccino for four years, and had. with two men named Blackie and Fleming, acted as assistant in a pianoplaying endurance test. The two persons. I,and and Richardson, were employed by the Carnival Committee. Witness said ilial Monteciuo did not play continuously. There was more than one intermission, lilaekie, Homing, Anderson and witness also played. There were signals used. A lint for “all right” and a coat for “no good.” There was a mail at the door and one inside. A touch ol the nut meant there wa.s nobody about and Montccino could go on sleeping. A touch of the. coat meant there was somebody about and he had to . he awakened. Rests took place at night and Monteciuo rested at the piano. Witness explained how the watcher on iK'half of the Carnival Committee was got out of the way. Witness could nut get Mon’ecino to sleep while the wateber was about. Monloci iskcd hint to go, hut- ilie man said lie had Uli.-i'd tin' last ear. so Blackie took him Hi,l, |n get pies. They were away aloud an hour and three-(|imrters, and Mon I c-ci no slept. Monleoiuo was awakened when they were returning. Witness said that- lie got 30s for the write-up in the paper. He would not have' gone' to “Truth” but the represen lal ive of “Truth” came to him. Witness wanted to see Monteciuo carry out the test.

Witness continued: lie had threatened Monlecini) that unless he got paid Ids wages he would expose him in “Truth.” He would ho surprised to know that Montoeiiio’s first intimation ln< had slept during the test was the article lie saw in “Truth.” Mniile-,-iuo knew before he went to Hie South |,l: 11 uI. Oil one (Occasion Monteciuo was so sound asleep that he was talking about lisli and chips. Mendocino knew all about the- lint and e-oat signals. lie sometimes played with bis lists to give his lingers a rest. Dane- Goldsmith, see-rotary ol the Brooklyn Carnival Coinniil D-e. which had the arrangement with plaintiff lor a shale' In the' proceeds of the piano plaving 1 e-si. s|ii ( j Dee urraiigeinent was that plainlilf should have two men. to limk aller bis inle-resls, and tin' (a.ruvui Committee two men. Meilllocin'l , .implaiui-d of one of Die- nil'll emnli-v----eil by Dll' Committee and witness di<peuscel with Die- mail’s service'. lA'il-ne-ss was satisfied Montccino was honest about the e-ash.

Kenneth Blai-I.ii'. who weiikcel for Mont, l ino, said that Al.-nti'cino slept • Ini in • :e |,..i I ion of Dec tu b In,ui s. WitIlfN' |»I;i> «•. 1 I c»l* tt IHI -